Biography

Robert John Godfrey and Barclay James Harvest

Barclay James Harvest first met Robert Godfrey when he approached them after a gig at London's Roundhouse in December 1968, where they had been the support act for a band called Gun, best known for their "Race With The Devil" hit single. He had trained at the Royal Academy of Music and at the Royal College of Music, where he had hopes of becoming a concert pianist before deciding to drop out. He attended the recording session for "Brother Thrush" at Abbey Road, and in about August of 1969 he went to live with the band at Preston House, where he became their "Resident Musical Director". He helped to assemble the "Barclay James Harvest Orchestra" from music students who had been part of the then-defunct New Symphonia, and wrote orchestral arrangements for some of the songs on Barclay James Harvest and Once Again, as well as conducting the orchestra on stage and in the recording studio.

He had aspirations to become a full member of Barclay James Harvest, and this led to disagreements with the band and their mentor and manager, John Crowther. By early 1971 he and the band had drifted apart, and the final break came after a row with John Crowther following which he was paid £100.00 and left. He subsequently made a solo record before finding greater success with his band The Enid, which is still recording and performing today.

There was occasional contact between Godfrey and the members of BJH in the ensuing years, notably when he went to see BJH play at the Cambridge Corn Exchange in 1975 or 1976, when they all chatted amicably after the show. He also mentioned Woolly on the sleeve of his 1974 solo album, Fall Of Hyperion, where a handwritten note reads 'My warmest appreciation goes to "Woolly Wolstenholme" of Barclay James Harvest. He has been my musical confessor and an endless source of inspiration'.

In spite of this, Godfrey felt that he had been badly treated, and by the early 1980s his official fan club newsletters were claiming that he had co-written a number of BJH songs, including "Mocking Bird", and that he had been cheated out of royalties and credits. In 1985 two separate writs were issued against John, Les, Mel, Woolly and their record companies, claiming damages for breach of contract, or additonal payment, on the basis that he had been promised an equal share in the band's earnings, as he was regarded as the fifth member of BJH. He also claimed joint authorship and royalties for ten songs from the first two albums.

After numerous delays, the case finally reached the High Court in The Strand on February 6th, 1995. On 21st March, 1995, the judge, The Hon. Mr. Justice Blackburne, handed down his 52-page judgement, the main points of which can be summarised as follows:-

There was no common understanding, much less an enforceable agreement, that Godfrey was entitled to a share in the band's earnings.

Robert Godfrey did establish that he was a joint author, albeit to varying degrees, in the original arrangements of six songs:-

Dark Now My Sky

When The World Was Woken

Mocking Bird ("a substantial contribution")

Galadriel ("sufficient in importance and originality")

Song For Dying ("very borderline")

The Sun Will Never Shine ("very borderline")

However, the judge went on to say, "...the success which the band later achieved and which led the plaintiff to decide that it was at last worth his while to pursue his claims was the result of many years of hard work, considerable self-sacrifice and much expenditure. It would be against all conscience if, in these circumstances, the plaintiff should be permitted to step in and reap for himself a share of the band's hard earned success. In my judgement the plaintiff is estopped from claiming any relief to which he might otherwise have been entitled."

Conclusion. "I dismiss the two actions."

So, the final outcome was that Robert Godfrey got nothing from the actions, having left it too late to pursue his claims. The case cost John, Les, Mel and Woolly a great deal of money to fight, and Woolly suffered a nervous breakdown as a result. The sad truth was that nobody won, except for the legal profession.

If you would like to read the full judgement and make up your own mind, you can download it below - be warned that it is a 52-page Adobe Acrobat file, weighing in at over 39MB.